Shackled inmate attacked by deputies in courtroom (VIDEO)

A Colorado man is suing the city of Denver and two sheriff deputies for $5 million over a 2011 incident in which one of those officers assaulted the man in court and left him with permanent injuries.

The ordeal in question happened on September 11, 2011 when
Anthony Waller was in Denver County Court for the first
advisement hearing related to domestic violence charges he was
facing. Surveillance camera footage from the scene shows that
Waller was restrained in multiple types of shackles as he stood
in court and calmly spoke with Judge Doris Burd about his case.

Moments later, however, Waller was on the ground and eventually
on his way to the hospital after one of the officers, Deputy
Brady Lovingier, threw the shackled man into wall and then
verbally berated him.

A hearing transcript provided by Waller’s attorneys shows that he
was in the middle of an exchange with Judge Burd when the
unexpected outburst occurred.

Waller: I’d like to object to her (the alleged
victim) story. If I’m under investigation, I thought the
investigation came first, then the arrest came . . .

Judge: Right, well they have three day . . .

“At this point without warning, justification or provocation,
Defendant Lovingier, who was directly behind Mr. Waller, grabbed
Plaintiff’s belly chain and shirt, spun Mr. Waller around and
threw him face first into the metal frame entrance into the
glassed-in court prisoner detention area,” the attorneys
write in the complaint for damages filed on Wednesday this week.
“As a result of the Plaintiff Waller being chained and
shackled he could not use his hands or feet to lessen the impact
of his face and head being rammed directly into the glass wall
and metal post by the Defendant Lovingier. Mr. Waller collapsed
to the floor, seriously injured.”

The incident occurred nearly three years ago, and has managed to
make the Colorado news a few times in the span since: Denver’s
Department of Safety eventually suspended Lovingier for 30 days
after an internal probe determined he had violated departmental
rules, including using inappropriate force, neglect of duty and
conduct prejudicial to the good order and effectiveness of the
department, and Judge Burd testified against the deputy during
his unsuccessful appeals proceedings.

"Burd found Waller's tone was not raised, not angry and not
confrontational," the city’s Career Service Authority
reported after the suspension was upheld. According to a local
ABC News affiliate, Burd testified that
"it was the first time in her 25 years on the bench that she
saw a deputy throw an inmate into a wall, and [she] believed it
was a form of punishment,” according to the ruling.

Waller’s attorneys believe Lovingier’s actions were unheard of as
well, and allege that the deputy committed multiple
constitutional violations against their client. Lawyers for the
man are now seeking an injunction to stop Denver's use of
excessive force in jail and punitive damages for violations of
the Fourth, Sixth, Eighth and Fourteenth Amendments. The city of
Denver, Denver County, Lovingier and another deputy, Gina McCall,
are named as defendants in the suit.

“For decades, the Defendant the City and County of Denver has
been incapable of stopping the use of excessive force by its law
enforcement," the complaint reads in part. "The only
remedy is for outside intervention to address the systemic,
culturally ingrained use of excessive force by Denver law
enforcement."

“Every deputy should be offended due to the lack of
professionalism exhibited by Deputy Lovingier,” Waller
previously told the Colorado Independent. “Anyone who looks
at that tape can see what happened.”

This week, Waller told the ABC station that the incident is still
upsettling years later.

"You're just going to snatch me, and slam, just savage, like
you didn't care? Like, oh, if I kill you it's no problem?"
Waller asked. "If the citizenry does nothing, you know, this
is going to continue. Citizens should be afraid," he warned.

According to the complaint filed this week, Waller suffered
bodily injuries to his head, including a deep head laceration,
closed head injury and left orbital blowout fracture and injuries
to his back, neck, legs, arms, ankles, including a hernia, as a
result of the assault, and his teeth were knocked out.

The filing of Waller’s suit this week comes just days after
Denver officials said they’d pay another inmate $3.25 million to
settle similar excessive force charges alleged at the city.

"We take every claim and lawsuit seriously and this case is
no different," Denver City Attorney Scott Martinez told
7NEWS this week of the Waller case. "We will analyze the
particular facts of this case and provide a timely response to
this complaint through the court system."